If I was married for 12 years an am now going through divorce, am I able to file for half or some of my husband pension?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was married for 12 years an am now going through divorce, am I able to file for half or some of my husband pension?

My husband filed for divorce.

Asked on June 19, 2012 under Family Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

The portion of your husband's pension which represents income during your twelve years of marriage is community property and you would have a claim to half of that portion of the pension.

The portion of your husband's pension which represents income before marriage or after the marriage ends is your husband's separate property and you would not have any claim to that portion of the pension which is his separate property.

If you don't live in a community property state, other rules may be applicable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption